Canada Elections Act (S.C. 2000, c. 9)

Act current to 2015-10-27 and last amended on 2015-10-27. Previous Versions

Marginal note:Loss or destruction of ballot boxes
  •  (1) If a ballot box has been destroyed or is missing, the returning officer shall ascertain the cause of the destruction or loss and shall complete the validation of the results from the original copy of the statement of the vote in the same manner as if he or she had received the ballot box.

  • Marginal note:Power to summon and examine

    (2) If the returning officer is unable to obtain either the original statement of the vote or the ballot box, he or she

    • (a) shall ascertain, by any evidence that he or she is able to obtain, the total number of votes cast for each candidate at the polling stations;

    • (b) for ascertaining the total number of votes under paragraph (a), may summon any deputy returning officer, poll clerk or other person to appear before him or her at a fixed date and time and to bring with them all necessary documents; and

    • (c) may examine on oath the deputy returning officer, poll clerk or other person respecting the matter in question.

  • Marginal note:Notice to candidates

    (3) If paragraph (2)(b) applies, the returning officer shall give notice to the candidates for that electoral district of the date and time fixed for the appearance.

  • Marginal note:Obligation to comply with summons

    (4) Every person to whom a summons is directed under paragraph (2)(b) shall obey it.

Marginal note:Certificate of votes cast

 Without delay after the validation of the results, the returning officer shall prepare a certificate in the prescribed form that sets out the number of votes cast for each candidate, and shall deliver the original of the certificate to the Chief Electoral Officer and a copy of it to each candidate or his or her representative. In the case described in section 296, the certificate shall indicate the number of votes that have been ascertained to have been cast for each candidate.

Marginal note:Ballot boxes

 After the close of an election, each returning officer shall dispose of the ballot boxes as instructed by the Chief Electoral Officer.



Definition of “judge”

  •  (1) In this Part, “judge” means a judge who sits in the electoral district where the results are validated.

  • Marginal note:Powers of judge

    (2) A judge who is authorized by sections 300 to 309 to act may act, to the extent authorized, within or outside his or her judicial district.

Recount Procedure

Marginal note:Request by returning officer for recount
  •  (1) If the difference between the number of votes cast for the candidate with the most votes and the number cast for any other candidate is less than 1/1000 of the votes cast, the returning officer shall make a request to a judge for a recount within four days after the results are validated.

  • Marginal note:Notice to candidates

    (2) The returning officer shall notify each candidate or his or her official agent in writing of the request for a recount.

  • Marginal note:Recount automatic

    (3) The judge shall fix the date for the recount to be conducted within four days after he or she receives the request.

  • Marginal note:Documents to be supplied

    (4) The returning officer shall attend the recount and shall bring all relevant election materials including

    • (a) the ballot boxes;

    • (b) the statements of the vote used to validate the results; and

    • (c) all ballots cast and statements of the vote made in accordance with Part 11.